A neo-Nazi group banned as a hate group last week has launched a legal challenge in the High Court of Australia, arguing the law used to prohibit it is unconstitutional. The National Socialist Network (NSN), also known as White Australia, was listed as a prohibited hate group under legislation passed after December's Bondi beach terror attack.
The group, which aims to register as a political party, contends that the law 'burdens the freedom of governmental and political communication' and confers punitive power to the government without judicial review. Court documents filed by solicitor Matthew Hopkins on behalf of NSN leader Thomas Sewell and the White Australia Party argue the prohibition violates the 1951 High Court decision that outlawing the Communist party was beyond parliament's power.
The documents state that the NSN and the Australian European Movement voluntarily disbanded on 13 January, but the party did not dissolve. Home Affairs Minister Tony Burke said the group had 'phoenixed' and continued organising, leading to the ban based on a recommendation from the Australian Security Intelligence Organisation.
The group has also applied for an interim order restraining the commonwealth from using the law until the court determines the challenge. The ban makes supporting, funding, training, recruiting, or joining the group a criminal offence punishable by up to 15 years in prison. The NSN is the second group listed under the legislation, after Islamist group Hizb ut-Tahrir.
